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https://mobile.twitter.com/RebeccaCNReid/status/1159138755158126592

 

Another interesting discussion on the use of social media images, without payment, by a national newspaper.  

 

I believe the the law is clear, the photographer holds the copyright, (except for embedded tweets) but given the discussion on this topic I may be wrong....

 

In general, I tend only to post my Alamy watermarked images when marketing my news stories.

 

 

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Posted (edited)

You're not. The Daily Fail are. It's an extraordinary argument with too many bus-sized holes to mention but considering their tenuous grasp on reality not entirely surprising. Do they even have lawyers?

Next stop IPEC, where the DF will lose. I'd walk over hot coals just to cause that crowd some trouble.

 

Edited by spacecadet
  • Upvote 3

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Infringment only works if they have removed the image from the original source, a lot do, thinking that we are too stupid not to realise LOL

 

Another one they try to claim is "Fair Use" as it's a news story.

 

 

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12 minutes ago, Pete Snelling said:

 

 

Another one they try to claim is "Fair Use" as it's a news story.

 

 

There's no such thing in the UK. Our "fair dealing" exception is far narrower- it's very difficult to see how it could apply to a photograph at all.

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In the UK it's doubtful they could use it, currently the likes of Yahoo & MSN will create news stories using Social Media images claiming it was used in "Fair Use" hence why i was able to claim.

 

If it's taken to court in America then their infringement fine is $10,000 per image so most will settle quickily 😃

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Legally, how good is a screenshot to prove use ?

I ask as an artist who used one of my images, then deleted the tweet after Alamy contacted them, shouldn't be using my uncropped image for their own creative works (they purchased a presentation licence).

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Posted (edited)
8 minutes ago, AlbertSnapper said:

Legally, how good is a screenshot to prove use ?

I ask as an artist who used one of my images, then deleted the tweet after Alamy contacted them, shouldn't be using my uncropped image for their own creative works (they purchased a presentation licence).

In the UK, good enough IMO, all you have to prove is that the image appeared on your screen. I've always relied on screenshots.

Alamy offers a licence for artist's reference for no more than a pres licence, but if they didn't buy it, they don't have it. Name your price.

Edited by spacecadet

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6 hours ago, AlbertSnapper said:

Legally, how good is a screenshot to prove use ?

I ask as an artist who used one of my images, then deleted the tweet after Alamy contacted them, shouldn't be using my uncropped image for their own creative works (they purchased a presentation licence).

 

As well as a screenshot, always check if the page is on the 'Wayback Machine' (Web Archive).  If it's not, then you can save the page as it is seen on the day.  Revisit later and save again each and every time should they decide to make changes. Then it is there in perpetuity - with timestamps.  Their homepage lists extensions for various browsers + apps and has the 'Save Page Now' feature.

 

I invoiced a social media infringement on Twitter. Posts there are readily and easily saved at the Web Archive.

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Posted (edited)

I had a Tweet used as an embedded Tweet by Huffington Post France. That’s legal. But then a French journalist (who ought to know better) cropped the photo from the Tweet and used it in a Tweet of her own. Not legal. I emailed her. She was very sniffy (I ought to be grateful for the promotion, etc) and simply deleted the Tweet. I do have a screenshot of it though. I sent her an invoice (very small amount) and not surprisingly it wasn’t paid. I completed the form for the European simple procedure but there isn’t an online way to submit this, unlike in the U.K., and you have to find an email address for the appropriate court eg in Paris and it’s almost impossible to know which one to send it to. I picked one in the district of her office and sent it off, but never got any kind of reply or acknowledgement. So unless this happens in the UK it seems very difficult to pursue.

Edited by Sally

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Posted (edited)

I'm in the USA and just checked my bank. Alamy deposit not in yet. It's early AM so that would be as of Aug. 8. Definitely longer than usual. POSTED THIS IN THE WRONG THREAD

 

Paulette

Edited by NYCat

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30 minutes ago, tarsierspectral said:

I found one of my images credited as such: "Image credit: Instagram.com/@djibeautifull via MJ Photography/Alamy "  

What does that mean?

 

Possibly the account holder believing that they can get out of any potential copyright issues by stating that they are giving credit to the original source?

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1 hour ago, tarsierspectral said:

I found one of my images credited as such: "Image credit: Instagram.com/@djibeautifull via MJ Photography/Alamy "  

What does that mean?

 

If they removed the image from instagram and placed it on their server and no license issued by Alamy then a clear infringement, worth pursuing if it's a commercial website.

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3 minutes ago, Pete Snelling said:

 

If they removed the image from instagram and placed it on their server and no license issued by Alamy then a clear infringement, worth pursuing if it's a commercial website.

It's Vogue Australia

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2 minutes ago, tarsierspectral said:

It's Vogue Australia

 

Their commercial enough, certainly worth attempting. Contact Alamy to see if they were issued with a license, if not you can either ask Alamy to pursue the license fee or open an account with Pixsy and let them do the work.

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12 minutes ago, Pete Snelling said:

 

Their commercial enough, certainly worth attempting. Contact Alamy to see if they were issued with a license, if not you can either ask Alamy to pursue the license fee or open an account with Pixsy and let them do the work.

Thanks.  I emailed Alamy.

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43 minutes ago, Pete Snelling said:

 

Their commercial enough, certainly worth attempting. Contact Alamy to see if they were issued with a license, if not you can either ask Alamy to pursue the license fee or open an account with Pixsy and let them do the work.

I just heard back from Alamy that they don't have any relevant downloads or licenses relating to this use.  Should I ask Alamy to purées the license fee or is it better to go with Pixsy?

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5 hours ago, tarsierspectral said:

I just heard back from Alamy that they don't have any relevant downloads or licenses relating to this use.  Should I ask Alamy to purées the license fee or is it better to go with Pixsy?

 

Personal Opinion? Pixsy.

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23 hours ago, tarsierspectral said:

I just heard back from Alamy that they don't have any relevant downloads or licenses relating to this use.  Should I ask Alamy to purées the license fee or is it better to go with Pixsy?

 

17 hours ago, losdemas said:

 

Personal Opinion? Pixsy.

 

Pixsy for sure.

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On 09/08/2019 at 13:45, tarsierspectral said:

I just heard back from Alamy that they don't have any relevant downloads or licenses relating to this use.  Should I ask Alamy to purées the license fee or is it better to go with Pixsy?

According to our contract, Alamy is supposed to get first dibs with chasing up infringements - but in your case, they seem to have declined to take up that option.

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1 hour ago, Cryptoprocta said:

According to our contract, Alamy is supposed to get first dibs with chasing up infringements - but in your case, they seem to have declined to take up that option.

No they didn't decline it.  This is what they said "If you’d like us to look into this in further detail, please fill in all the details on the ‘Unauthorised Use Form’ you’ll find on your contributor dashboard."

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Posted (edited)
20 minutes ago, tarsierspectral said:

Ah, you probably should do that, then.

Edited by Cryptoprocta

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23 hours ago, Cryptoprocta said:

Ah, you probably should do that, then.

Has anyone had an infringement resolved by Alamy?

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1 hour ago, tarsierspectral said:

Has anyone had an infringement resolved by Alamy?

Yes.

 

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Posted (edited)
3 minutes ago, Colblimp said:

Yes.

 

Did they pay more than just the regular license fee?

Edited by tarsierspectral

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